Detailed Answer
When a relative passes away, financial assets—such as bank accounts, uncashed checks or insurance proceeds—may become unclaimed property if the owner does not access them for a period defined by law. In Alabama, the Uniform Disposition of Unclaimed Property Act (Title 35, Chapter 12A) governs how to locate and recover these assets.
1. Understanding Unclaimed Property in Alabama
Under Alabama Code §35-12A-102, unclaimed property includes inactive bank accounts, uncashed payroll or dividend checks, insurance benefits, utility deposits and more. Businesses and financial institutions must report dormant assets to the state after a dormancy period, usually three years.
2. Searching the Alabama Unclaimed Property Database
Begin your search at the Alabama Unclaimed Property Program. Search by the decedent’s name, last known address or Social Security number. You can also use national tools like MissingMoney.com for cross-state searches.
3. Gathering Required Documentation
Prepare these documents to prove your identity and legal right as an heir:
- Death certificate of the decedent
- Proof of relationship (birth certificate or family record)
- Letters of administration or testamentary from probate court
- Government-issued photo ID
These requirements mirror the claim standards in Alabama Code §35-12A-411.
4. Filing a Claim
Download and complete the claim form from the Alabama Comptroller’s website. Attach all supporting documents and follow the submission instructions. The Comptroller’s office reviews claims within 90 days. For details on payment procedures, see §35-12A-438.
5. Handling Disputes and Appeals
If your claim is denied, request an administrative hearing within 30 days. Provide additional evidence such as wills, heirship affidavits or court orders. Review the Alabama Administrative Procedure Act for contest procedures.
6. Opening a Probate Estate
If no unclaimed property appears in state records but assets remain, you may need to open a probate case in the decedent’s county. A probate court can issue letters of administration that allow you to collect assets directly from banks or other holders.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Search using name variations, including initials and maiden names.
- Check multiple states if the decedent lived or worked elsewhere.
- Keep clear records of all communications with the Comptroller’s office.
- Consider consulting a probate attorney to navigate court procedures.
- Revisit the state’s database periodically for newly reported assets.